collection of Philippine laws, statutes and codesnot
included or cited in the
theChan Robles Virtual Law LibraryThis page features the full text ofADMINISTRATIVE
DISCIPLINARY RULES ON SEXUAL HARASSMENT CASESRESOLUTION
of the PhilippinesCIVIL
DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES
Section 11, Article II of the 1987
Philippine Constitution provides that the State values the dignity
of every human person and guarantees full respect for human rights.
the Vienna Declaration and Programme of Action of the World Conference
on Human Rights (June 1993) and the Beijing Declaration and Platform
Action of the Fourth World Conference on Women (September 1995)
the equal rights and inherent human dignity of women and men, and
the human rights of women as an inalienable, integral and indivisible
of all human rights and fundamental freedoms.
the Philippines, with other States of the World, has reaffirmed,
the Vienna Declaration and Programme of Action and the Beijing
and Platform for Action, its solemn commitment to fulfill its
to promote universal respect for, and observance and protection of all
human rights and fundamental freedoms for all in accordance with the
of the United
other instruments relating to human rights, and international law;
the Vienna Declaration and Programme of Action stresses that all forms
of sexual harassment are incomparable with the dignity and worth of the
human person and must be eliminated by legal measures and through
action, while the Beijing Platform for Action specifically mandates
to “enact and/or reinforce penal, civil, labour and administrative
in domestic legislation to punish and redress” violence against
including sexual harassment and “develop programmes and procedures
eliminate sexual harassment and other forms of violence against women
all educational institutions, workplaces and elsewhere;”
the Philippine Congress enacted on February 14, 1995, Republic
Act No. 7877, otherwise known as the “Anti-Sexual Harassment Act of
which took effect on March 5, 1995 and declares unlawful sexual
against women and men in the employment, education and training
Section 4 (a) of Republic
Act No. 7877 mandates every employer or head of agency in the
and private sectors to promulgate rules and regulations prescribing the
procedure for the investigation of sexual harassment cases and the
there is a need to devise uniform rules and regulations particularly in
the definition of the administrative offense of sexual harassment and
sanctions therefor, and the procedures for the administrative
prosecution and adjudication of sexual harassment cases.
Section 3, Article IX (B) of the 1987
Constitution, Section 1 and Section 12 (19), Subtitle A, Title I of
Book V of the Administrative
Code of 1987 (Executive Order No. 292) and Section 4 (B), Republic
Act No. 6713, otherwise known as the “Code of Conduct and Ethical
for Public Officials and Employees,” empower the Civil Service
as the central personnel agency of the Government, to adopt positive
for the observance of substantive and procedural administrative
including standards for the personal conduct of government officials
employees, in order to promote morale, efficiency, integrity,
and progressiveness in the entire government bureaucracy;
Section 4 of Republic
Act NO. 6713 provides norms of personal conduct for public
and employees to observe in the performance of official duties, and
directs that they shall act without discrimination against anyone, and
shall at all times respect the rights of others and refrain from doing
acts contrary to law, good morals, good customs, public policy, public
order, public safety and public interest;
sexual harassment violates the dignity of workers and their right to
just and safe work environment, defeats and impairs morale and
in the workplace, and violates the merit and fitness principle in the
this Commission hereby promulgates these Rules and Regulations defining
the administrative offense of sexual harassment and prescribing the
procedure for the administrative investigation and resolution of sexual
harassment cases in the public sector.
These Rules shall be known as the "Administrative Disciplinary
on Sexual Harassment Cases."
These Rules shall apply to all officials and employees in government,
in the career or non-career service and holding any level of position,
including Presidential appointees and elective officials, regardless of
status, in the national or local government, state colleges and
including government-owned or controlled corporations, with original
For the purpose of these Rules, the administrative offense of sexual
is an act, or a series of acts, involving any unwelcome sexual advance,
request or demand for a sexual favor, or other verbal or physical
of a sexual nature, committed by a government employee or official in a
work-related, training or education related environment of the person
sexual harassment is committed under the following circumstances:chanroblesvirtuallawlibrary
to or rejection of the act or series of acts is used as a basis for any
employment decision (including, but not limited to, matters related to
hiring, promotion, raise in salary, job security, benefits and any
personnel action) affecting the applicant/employee; or
training-related sexual harassment is committed against one who is
the actual or constructive care, custody or supervision of the
or against one whose education, training, apprenticeship, internship or
tutorship is directly or constructively entrusted to, or is provided
the offender, when:chanroblesvirtuallawlibrary
or series of acts have the purpose or effect of interfering with the
work performance, or creating an intimidating, hostile or offensive
or series of acts might reasonably be expected to cause discrimination,
insecurity, discomfort, offense or humiliation to a complainant who may
be a co-employee, applicant, customer, or word of the person complained
to or rejection of the act or series of acts as a basis for any
affecting the complainant, including, but not limited to, the giving of
a grade, the granting of honors or a scholarship, the payment of a
or allowance, or the giving of any benefit, privilege or consideration.
or series of acts have the purpose or effect of interfering with the
or creating an intimidating, hostile or offensive academic environment
of the complainant; or
or series of acts might reasonably expected to cause discrimination,
discomfort, offense or humiliation to a complainant who may be a
apprentice, intern, tutee or ward of the person complained of.
Section 4. Sexual
harassment may take place:chanroblesvirtuallawlibrary
1. in the
of the workplace or office or of the school or training institution;
2. in any
where the parties were found as a result of work or education or
responsibilities or relations;
3. at work
education or training-related social functions;
official business outside the office or school or training institution
or during work or school or training-related travel;
conferences, fora, symposia or training sessions; or
cellular phone, fax machine or electronic mail.
The following are illustrative forms of sexual harassment:chanroblesvirtuallawlibrary
LIABLE FOR SEXUAL HARASSMENT
as but not limited to, requests or demands for sexual favors, and lurid
with lewd insinuation.
(c) Use of
pictures or graphics, letters or writing notes with sexual
analogous to the forgoing.
Any government official or employee, regardless of sex, is liable for
harassment when he/she:chanroblesvirtuallawlibrary
participates in the execution of any act of sexual harassment as
by these Rules;
ON DECORUM AND INVESTIGATION OF SEXUAL HARASSMENT CASES
or directs another or others to commit sexual harassment as defined by
in the commission of sexual harassment by another through an act
which the sexual harassment would not have been accomplished;
in the commission of sexual harassment by another through previous or
A Committee on Decorum and Investigation shall be created in all
or local agencies of the government, state colleges and universities,
government-owned or controlled corporations with original
The Committee shall perform the following functions:chanroblesvirtuallawlibrary
complaints of sexual harassment;
sexual harassment complaints in accordance with the prescribed
report of its findings with the corresponding recommendation to the
authority for decision;
the conduct of discussions about sexual harassment within the agency or
institution to increase understanding and prevent incidents of sexual
on Decorum and Investigation established in the regional or field
as the case may be, of the agency or institution shall have the same
as stated above and shall submit the report of investigation with its
directly to the disciplining authority.
When a member
of the Committee is the complainant or the person complained of in a
harassment case, he/she shall be disqualified from being a member of
Section 8. Composition.
- In a work-related environment, a Committee on Decorum and
shall be composed of at least one (1) representative each from the
the accredited union, if any, the second level employees, and from the
first level employees, duly selected by the unit concerned.
In an educational
or training institution, the Committee shall be composed of at least
(1) representative from the administration, the trainers, teachers,
professors or coaches, and students or trainees, as the case may be,
selected by the level concerned.
Section 9. The
agency may formulate its own rules governing the term of office of its
members which should be more than two years, and other matters
to the functions of the Committee not otherwise provided in these Rules.
STANDARD OPERATING PROCEDURES IN ATTENDING TO VICTIMS OF SEXUAL
The Pre-filing Stage. – The agency may adopt mechanisms to
assistance to an alleged victim of sexual harassment which may include
counseling, referral to an agency offering professional help, and
on options available before the filing of the complaint.
The procedural rules provided hereunder are the standard requirements
handling a sexual harassment case.
may be filed at any time with the disciplining authority of the office
or agency, or with the Committee on Decorum and Investigation.
receipt of the complaint by the disciplining authority of the office or
agency, the same shall be transmitted to the Committee on Decorum and
if there is any. In the absence of a Committee on Decorum and
the head office or agency shall immediately cause the creation of
on Decorum and Investigation in accordance with the law and rules, and
transmit the complaint to the Committee.
must be in writing, signed and sworn to by the complainant. It shall
1. the full
name and address of the complainant;
of any one of the aforementioned requirements, the complaint shall be
without prejudice to its refiling.
name, address, and position of the respondent;
of the relevant facts;
in support of the complainant, if any;
of non-forum shopping.
is not under oath, the complainant shall be summoned by the Committee
swear to the truth of the allegations in the complaint.
sent by telegram, radiogram, electronic mail or similar means of
shall be considered non-filed unless the complainant shall comply with
the requirements provided in Section 12(b) within ten (10) days from
of the notice for compliance.
of the complaint at any stage of the proceedings shall not preclude the
Committee from proceeding with the investigation where there is obvious
truth or merit to the allegations in the complaint or where there is
or direct evidence that can prove the guilt of the person complained of.
Section 13. Action
on the Complaint. – Upon receipt of a complaint that is sufficient
in form and substance, the Committee on Decorum and Investigation shall
require the person complained of to submit a Counter-Affidavit/Comment
under oath within three (3) days from receipt of the notice, furnishing
a copy thereof to the complainant, otherwise the
shall be considered as not filed.
Preliminary Investigation. – A preliminary investigation shall
conducted by the Committee on Decorum and Investigation. The
involves the ex parte examination of documents submitted by
complainant and the person complained of, as well as documents readily
available from other government offices.
During the preliminary
investigation, the parties may submit affidavits and counter-affidavits.
of the counter-affidavit or comment under oath, the Committee on
and Investigation may now recommend whether a prima facie case
to warrant the issuance of a formal charge.
investigation, proceedings before the Committee on Decorum and
shall be held under strict confidentiality.
Duration of the Investigation. – A preliminary investigation
commence not later than five (5) days from receipt of the complaint by
the Committee on Decorum and Investigation and shall be terminated
fifteen (15) working days thereafter.
Investigation Report. – Within five (5) working days from the
of the preliminary investigation, the Committee on Decorum and
shall submit the Investigation Report and the complete records of the
to the disciplining authority.
Decision or Resolution After Preliminary Investigation. – If a prima
facie case is established during the investigation, a formal
shall be issued by the disciplining authority within three (3) working
days from receipt of the Investigation Report.
In the absence
of a prima facie case, the complaint shall be dismissed within
Formal Charge. – After finding a prima facie case, the
authority shall formally charge the person complained of. The
charge shall contain a specification of the charge(s), a brief
of material or relevant facts, accompanied by certified true copies of
the documentary evidence, if any, sworn statements covering the
of witnesses, a directive to answer the charge(s) in writing under oath
in not less than seventy-two hours from receipt thereof, an advice for
the respondent to indicate in his/her answer whether or not he/she
a formal investigation of the charge(s), and a notice that he/she is
to be assisted by a counsel of his/her choice.
If the respondent
has submitted his/her comment and counter-affidavits during the
investigation, he/she shall be given the opportunity to submit
on Decorum and Investigation shall not entertain requests for
bills of particulars or motions to dismiss which are obviously designed
to delay the administrative proceeding. If any of these pleadings is
by the respondent, the same shall be considered as part of his/her
which he/she may file within the remaining period for filing the answer.
Answer. – The answer which must be in writing and under oath,
be specific and shall contain material facts and applicable laws, if
including documentary evidence, sworn statements covering testimonies
witnesses, if there be any, in support of respondent’s case. If shall
include a statement indicating whether he/she elects a formal
Failure to File an Answer. – If the respondent fails or refuses
to file his/her answer to the formal charge within seventy-two (72)
from receipt thereof without justifiable cause, he/she shall be
to have waived his right thereto and formal investigation may commence.
Preventive Suspension. – Upon petition of the complainant or motu
proprio upon the recommendation of the Committee on Decorum and
at any time after the service of the Formal Charge to the respondent,
proper disciplining authority may order the preventive suspension of
respondent during the formal investigation, if there are reasons to
that he/she is probably guilty of the charges which would warrant
removal from the service.
An order of
preventive suspension may be issued to temporarily remove the
from the scene of his/her misfeasance or malfeasance and to preclude
possibility of his/her exerting undue influence or pressure on the
against him/her or tampering of documentary evidence on file with this
Duration of Preventive Suspension. - When the administrative
against the respondent under preventive suspension is not finally
by the disciplining authority within the period of ninety (90) days
the date of his/her preventive suspension, unless otherwise provided by
special law, he/she shall be automatically reinstated into the service:
Provided, that when the delay in the disposition of the case is
due to the fault, negligence or petition of the respondent, the period
of delay should not be included in the counting of the ninety (90)
days period of preventive suspension: Provided, further, That
the respondent be on paternity/maternity leave, said preventive
shall be deferred or interrupted until such time that said leave has
Remedies from the Order of Prevention Suspension. – The
may file a motion for reconsideration with the disciplining authority
may elevate the same to the Civil Service Commission by way of an
within fifteen (15) days from receipt thereof.
Conduct of Formal Investigation. – Although the respondent does
not request a formal investigation, one shall nevertheless be conducted
by the Committee on Decorum and Investigation if it deems such
as necessary to decide the case judiciously.
shall be held not earlier than five (5) days nor later than ten (10)
from receipt of the respondent’s answer. Said investigation shall
be finished within thirty (30) days from the issuance of the formal
or the receipt of the answer unless the period is extended by the
authority in meritorious cases.
Pre-hearing Conference. – At the commencement of the formal
the Committee on Decorum and Investigation may conduct a pre-hearing
for the parties to appear, consider and agree on any of the following:chanroblesvirtuallawlibrary
and marking of evidence of the parties;
objections to admissibility of evidence;
the number of witnesses, and their names;
subsequent hearings; and
matters as may aid in the prompt and just resolution of the case.
The parties may
submit position paper/memoranda and submit the case for resolution
on the result of the pre-hearing conference without any need for
Continuous Hearing Until Terminated; Postponement. – Hearings
be conducted on the hearing dates set by the Committee on Decorum and
or as agreed upon during a pre-hearing conference.
Where no pre-hearing
conference is conducted, the parties, their counsels and witnesses, if
any, shall be given a notice of at least five (5) days before the first
scheduled hearing specifying the time, date and place of the said
and subsequent hearings. Thereafter, the schedule of hearings
set shall be strictly followed without further notice. A party shall be
granted only three (3) postponements upon oral or written requests. A
postponement may be granted only upon written request and subject tot
discretion of the Committee on Decorum and investigation.
If the respondent
fails to appear during the scheduled hearings despite due notice, the
shall proceed ex-parte and the respondent is deemed to have
his right to be present and to submit evidence in his favor during
Preliminary Matters. – At the start of the hearing, the
on Decorum and Investigation shall note the appearances of the parties
and shall proceed with the reception of evidence for the complainant.
If the respondent
appears without the aid of a counsel, he/she shall be deemed to have
his/her right to counsel.
the testimony of a witness, the Committee on Decorum and Investigation
shall place him/her under oath and then take his/her name, address,
status, age, and place of employment.
Appearance of Parties. – Any person representing any of the
before any hearing or investigation shall manifest orally or in writing
his/her appearance for either the respondent or complainant, stating
full name and exact address where he/she can be served with notices and
other documents. Any pleading or appearance made without complying with
the above stated requirements shall not be recognized.
Order of Hearing. – Unless the Committee on Decorum and
directs otherwise, the order of hearing shall be as follows:chanroblesvirtuallawlibrary
shall present evidence in support of the charge;
shall then offer evidence in support of his/her defense;
may then offer rebuttal evidence, and the respondent, sur-rebuttal
Every witness may
be examined in the following order:chanroblesvirtuallawlibrary
by the proponent;
by the opponent;
examination by the opponent;
examination by the opponent.
A sworn statement
of a witnesses, properly identified and affirmed by the witness before
the Committee on Decorum and Investigation shall constitute his/her
When the presentation
of evidence has been concluded, the parties shall formally offer their
evidence either orally or in writing and thereafter objections thereto
may also be made either orally or in writing. Thereafter, both parties
may be given time to submit their respective memorandum which in no
shall be beyond five (5) days after the termination of the
Failure to submit the memorandum within the given period shall be
a waiver thereof.
Objections. – All objections raised during the hearing shall be
resolved by the Committee on Decorum and Investigation. However,
that cannot be ruled upon by the Committee shall be noted with the
that the same shall be included in the memorandum of the concerned
to be ruled upon by the proper disciplining authority.
on Decorum and Investigation shall accept all evidence deemed material
and relevant to the case. In case of doubt, the Committee on
and Investigation shall allow the admission of evidence subject to the
objection interposed against its admission.
Markings. – All documentary evidence or exhibits shall be
marked by letters (A, B, C, etc.) if presented by the respondent. These
shall form part of the complete records of the case.
Request for Subpoena. – If a party desires the attendance of a
or the production of documents of things, he/she shall make a request
the issuance of the necessary subpoena, at least three (3) days before
the scheduled hearing.
Issuance of Subpoena. – The Committee on Decorum and
may issue subpoena ad testificandum to compel the attendance
witnesses and subpoena duces tecum for the production of
Records of Proceedings. – The proceedings of the formal
must be recorded either through shorthand or stenotype or by any other
Effect of the Pendency of an Administrative Case. – The
of any administrative case shall not disqualify the respondent for
or from claming maternity/paternity benefits. For this purpose,
administrative case shall be construed as pending when the disciplining
authority has issued a formal charge.
Formal Investigation Report. – Within fifteen (15) days after
conclusion of the formal investigation, a report containing a narration
of the material facts established during the investigation, the
and the evidence supporting said findings, as well as the
shall be submitted by the Committee on Decorum and Investigation to the
disciplining authority. The complete records of the case shall be
to the Report of Investigation.
records shall be systematically and chronologically arranged, paged,
securely bound to prevent loss. A table of contents shall be prepared.
Whoever is in-charge of the transmittal of the complete records shall
held responsible for any loss or suppression of pages thereof.
When Case is Decided. – The disciplining authority shall render
his decision on the case within thirty (30) days from receipt of the
Finality of Decisions. – A decision rendered by heads of
where a penalty of suspension for not more than thirty (30) days or a
in an amount not exceeding thirty (30) days salary is imposed, shall be
final and executory. However, if the penalty imposed is suspension
thirty (30) days or a fine exceeding thirty (30) days salary, the same
shall be final and executory after the lapse of the reglementary period
for filing a motion for reconsideration or an appeal and no such
has been filed.
AFTER A DECISION
Filing of Motion for Reconsideration. – The party adversely
by the decision may file a motion for reconsideration with the
authority who rendered the decision within fifteen (15) days from
When Deemed Filed. – A motion for reconsideration shall be
filed on the date stamped on the official copy by the proper receiving
authority, and in case it was sent by mail, on the date shown by the
on the envelope which shall be attached to the records of the case.
Grounds for Motion for Reconsideration. – The motion for
shall be based on any of the following:chanroblesvirtuallawlibrary
has been discovered which materially affects the decision rendered; or
is not supported by the evidence on record; or
law irregularities have been committed prejudicial to the interest of
Section 42. Limitation.
– Only one motion for reconsideration shall be entertained.
Effect of Filing. – The filing of a motion for reconsideration
the reglementary period of fifteen (15) days shall stay the execution
the decision sought to be reconsidered.
Filing of Appeals. – Decisions of heads of departments,
provinces, cities, municipalities and other instrumentalities imposing
a penalty exceeding thirty (30) days suspension or fine in an amount
thirty (30) days salary, may be appealed to the Commission Proper
a period of fifteen (15) days from receipt thereof.
In case the
decision rendered by a bureau or office head is appealable to the
the same may be initially appealed to the department head and finally
the Commission Proper. Pending appeal, the same shall be executory
where the penalty is removal, in which case the same shall be executory
only after confirmation by the Secretary concerned.
A notice of
appeal including the appeal memorandum shall be filed with the
authority, copy furnished the disciplining office. The latter shall
the records of the case, which shall be systematically and
arranged, paged and securely bound to prevent loss with its comment,
fifteen (15) days, to the appellate authority.
When Deemed Filed. – An appeal sent by mail shall be deemed
on the date shown by the postmark on the envelope which shall be
to the records of the case and in the case of personal delivery, the
stamped thereon by the proper office.
Appeal Fee. – The appellant shall pay an appeal fee of Three
Pesos (P300.00) and a copy of the receipt thereof shall be attached to
Perfection of an Appeal. – To perfect an appeal, the appellant
within fifteen (15) days from receipt of the decision submit the
a. Notice of
appeal which shall specifically state the date of the decision appealed
from and the date of receipt thereof;
copies of appeal containing the grounds relied upon for the appeal,
with the certified true copy of the decision, resolution or order
from, and certified copies of the documents or evidence;
service of a copy of the appeal memorandum to the disciplining office;
payment of the appeal fee; and
or certification of non-forum shopping.
Failure to comply
with any of the above requirements within the reglementary period shall
be construed as failure to perfect an appeal and shall cause its
Effect of Filing. – An appeal shall not stop the decision from
executory, and in case the penalty is suspension or removal, the
shall considered as having been under preventive suspension during the
pendency of the appeal, in the event he wins the appeal.
When Case is Remanded for Violation of Respondent’s Right to Due
– If the case on appeal with the Commission Proper is remanded to
proper disciplining authority for further investigation, the said
authority through the Committee on Decorum and Investigation shall
the investigation within three (3) calendar months from the date of
of the records from the Commission, unless the investigation is delayed
due to the fault, negligence or petition of the person complained of,
an extension is granted by the Commission Proper in meritorious cases.
The period of delay shall not be included in the computation of the
(15) days from the submission of the investigation report to the
authority, it shall render its decision. If, at the end of said period,
the disciplining authority fails to decide the case, the Commission
shall vacate and set aside the appealed decision and declare the person
complained of exonerated of the charge. If the person complained of is
under preventive suspension, he shall be immediately reinstated.
The Civil Service
Regional Office or the Office for Legal Affairs of the Civil Service
shall evaluate requests for the extension of formal investigations and
grant the same on meritorious grounds. In disposing the requests,
said office shall be guided by the principles of justice and fair play,
provided, that the extension shall not be for more than twenty (20)
For this purpose,
the Regional Director shall monitor the implementation of the CSC
remanding the case to the proper disciplining authority for further
and submit a report to the Commission Proper.
Petition for Review. - A complainant may elevate the decision
the disciplining authority dismissing a complaint for lack of a prima
facie case before the Commission Proper through a Petition for
within fifteen (15) days from the receipt of said decision.
Petition for Review with the Court of Appeals. – A party may
a decision of the Commission before the Court of Appeals by way of
for Review under Rule 43 of the 1997
Revised Rules of Court.
Petition for Certiorari. – When the disciplining authority has
without or in excess of jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction and there is no appeal, nor
any plain, speedy and adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition for certiorari in
the proper court under Rule 65 of the Rules
OF ACTS OF SEXUAL HARASSMENT
Sexual harassment is classified as grave, less grave and light
shall include, but are not limited to:chanroblesvirtuallawlibrary
touching of private parts of the body (genitalia, buttocks and breast);
B. Less Grave
shall include, but are not limited to:chanroblesvirtuallawlibrary
for sexual favor in exchange for employment, promotion, local or
travels, favorable working conditions or assignments, a passing grade,
the granting of honors or scholarship, or the grant of benefits or
of a stipend or allowance, and
touching or brushing against a victim’s body;
shall be considered Light Offenses;
not falling under grave offenses;
or degrading remarks or innuendoes directed toward the members of one
or one’s sexual orientation or used to describe a person;
with sexual overtones; and
looking or staring a look of a person’s private part or worn
jokes or sending these through text, electronic mail or other similar
causing embarrassment or offense and carried out after the offender has
been advised that they are offensive or embarrassing or, even without
advise, when they are by their nature clearly embarrassing, offensive
leering or ogling;
of sexually offensive pictures, materials or graffiti;
inquiries or comments about a person’s sex life;
sexual flirtation, advances, propositions;
hand or body gestures at an employee;
unwanted attention with sexual overtones;
phone calls with sexual overtones causing discomfort, embarrassment,
or insult to the receiver; and
The head of office who fails to act within fifteen (15) days from
of any complaint for sexual harassment properly filed against any
in that office shall be charged with Neglect of Duty.
Any person who is found guilty of sexual harassment shall, after the
be meted the penalty corresponding to the gravity and seriousness of
The penalties for light, less grave, and grave offenses are as follows:chanroblesvirtuallawlibrary
A. For light
B. For less
– Fine or suspension not exceeding thirty (30) days
– Fine or suspension of not less than thirty (30) days and not
six (6) months
C. For grave
Section 57. If
the respondent is found guilty of two or more charges or counts, the
to be imposed should be that corresponding to the most serious charge
count and the rest shall be considered as aggravating circumstances.
THE AGENCIES OF THE GOVERNMENT
All national and local government agencies, state colleges and
including government-owned or controlled corporations with original
shall promulgate or modify their own rules and regulations in
with these Rules, in consultation with their employees, within six (6)
months from the effectivity of this Resolution.
All agencies of the government shall submit an authenticated copy of
rules and regulations on sexual harassment to the Commission for
within one (1) month from the date of their promulgation. They shall
submit to the Commission a list of the members of their Committee on
and investigation immediately after its composition.
All agencies of the government shall develop an education and training
program for their officials and employees and the members of their
on Decorum and Investigation to increase understanding about sexual
prevent its occurrence, and ensure proper investigation, prosecution
resolution of sexual harassment cases.
The head of office who after six (6) months from the effectivity of
Resolution, fails to cause the promulgation or modification of the
rules and regulations on sexual harassment in conformity with these
shall be charged with Neglect of Duty.
The Commission, through its Field Offices, shall monitor the
of the directive to all government agencies to promulgate or modify, as
the case may be, their rules and regulations on sexual harassment, as
as the conduct of the training programs as provided in Sections 59 and
In case a complaint alleging acts constituting sexual harassment as
herein is filed with the Commission, the same shall be remanded to the
agency where the alleged offender is employed for appropriate action in
accordance with their own rules and regulations on sexual harassment.
The Civil Service Commission shall render technical assistance to
in the formulation of their rules and regulations on sexual harassment
and the development and implementation of an intervention and
program on sexual harassment.
THE INTERVENING PERIOD
During the period when the agency is still in the process of
or modifying its own rules and regulations on sexual harassment, a
alleging acts constituting sexual harassment shall be administratively
prosecuted, resolved and adjudicated based on these Rules.
Under the same set of ultimate facts, the filing of a complaint based
an agency’s rules and regulations on sexual harassment shall preclude
filing of another administrative complaint under any other law.
Rules and regulations and other issuances or parts thereof inconsistent
with the provisions of these Rules are hereby repealed or modified
These Rules shall take effect fifteen (15) days after its publication
a newspaper of general circulation.
May 21, 2001.
JOSE F. ERESTAIN, JR.Commissioner(Sgd.)
J. VLADEMAR V. VALMORESCommissionerAttested
ARIEL G. RONQUILLODirector
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